Freedom of Religion and Constitutional Law by Bindal, Amit;

Short description:

This book investigates the intersection of religion and modern law, questioning the private-public dichotomy of liberal constitutionalism which relegates religion to the private sphere. The book will be a valuable resource for students and academics working on Law, Religious Studies, History and Political Science.

Long description:

This book investigates the intersection of religion and modern law. It explores how secular courts encounter the religious or mythical question which is disavowed by modern institutions. It questions the private-public dichotomy of liberal constitutionalism which relegates religion to the private sphere. It argues that in ex-colonial societies like India which are foundationally and diversely religious, the courts need to work through and engage with the difficulties and complexities posed by their continual encounter with the question of religion rather than re-affirming the myth of separation of law and myth, state and religion. This work demonstrates that any other approach leads to its repression and resultant reemergence in various forms. Such an approach of working through religious categories will be effective in the struggle against religious fanaticism that has seen a resurgence in contemporary times.

The book will be a valuable resource for students and academics working in law, religious studies, history and political science.

Table of Contents:

Introduction; 1. Interpreting the Free Exercise Clause: Reflections on the Doctrine of Essential Religious Practices; 2. Constitutionalism and the Sacred Cow: Secular Mythology of the Indian Supreme Court; 3. Religion and Elections: Legal interpretation of Hinduism as Religion; 4. Mythology as/and History in Indian Courtrooms: The Ayodhya Dispute; In Lieu of A Conclusion; Epilogue